The new complaint centers on an incident at Christopher High School involving Jane Doe, a minor who was violently assaulted and bullied by another student, Heather Doe, on March 8, 2024. The attack occurred during a passing period, with Heather Doe reportedly pulling Jane’s hoodie over her head, knocking her to the ground, and physically assaulting her for several minutes. The incident was captured on video by students and sent to Jane’s mother. Notably, no staff members were present to intervene during the assault. The lawsuit alleges that school officials were aware of Heather Doe’s history of violent behavior but failed to warn or adequately inform campus staff, and did not take sufficient preventive measures.

Jane Doe’s mother had previously raised concerns with the district about ongoing campus violence, frequent fights, and insufficient adult supervision. She was told that the problems were due to a lack of supervisors and funding. Following the attack, Jane Doe no longer felt safe attending school and is now being homeschooled. The lawsuit claims the district breached its duty to supervise and protect students, failed to adhere to mandatory safety regulations, and neglected to implement effective safety plans.

This case is the third in a series of lawsuits filed by the same law firm against GUSD. The first lawsuit, settled for $100,000, involved a former Solorsano Middle School student who was assaulted on campus after her parents had warned school officials twice about threats against their child. The assault resulted in a concussion and was also recorded and disseminated online. Testimony from a former Solorsano Middle School employee revealed a troubling pattern of weekly physical altercations on campus, with the employee personally intervening in several fights and being aware of students requiring hospital treatment due to campus violence.

A second lawsuit, filed in September 2023, remains ongoing. It accuses the district of failing to protect a ninth-grade developmentally disabled student at Christopher High School from a violent attack by a classmate who had been bullying him. All three lawsuits cite the California Education Code, which mandates that school officials safeguard students’ well-being.

The complaints highlight a broader culture of violence and bullying within Gilroy schools. Citing the California Healthy Kids Survey, the lawsuits note that 29% of ninth graders and 25% of eleventh graders in the district have experienced harassment and bullying. The legal actions aim to compel the district to implement new safety protocols, improve supervision, and provide staff training to prevent future incidents. Attorney Mark Boskovich emphasized that the lawsuits seek systemic change to ensure a safer learning environment for all students.

Additionally, the lawsuits reference a “Gilroy Fights” Instagram page, publicly accessible since at least December 2022, which features videos of fights occurring on district campuses—further evidence of the ongoing safety issues.

Representing a former student known as Jane Doe, the firm claims in the lawsuit that school officials at Solorsano Middle School were alerted twice by Doe’s parents regarding imminent physical threats to their daughter. Despite these warnings, an assault, later circulated on Snapchat and Instagram, occurred in January 2023. The video reveals an attacker, accompanied by friends who teased the victim, approaching from behind, pulling her hair, and dragging her to the ground before kicking and beating her. No school official is visible in the video at any point during this assault. The victim subsequently required hospital treatment for a concussion.

The victim’s parents, no longer trusting the school’s ability to safeguard their daughter, decided to enroll her in a private institution, incurring personal costs.

According to the lawsuit, the California Education Code specifically mandates school officials to protect students. The suit argues that in this instance, the school authorities failed to take seriously the threats of physical harm, ultimately leading to the assault.

“School violence is a reality that’s worsening,” said attorney Mark Boskovich. “If left unchecked, the outcomes can be tragic and even fatal.” Boskovich had previously represented the parents of Audrie Pott, a Saratoga teenager who took her own life after enduring bullying following a sexual assault.

Boskovich cited a National Center for Education study that suggests over a quarter of middle school pupils have experienced bullying, and nearly 15% have been threatened with, or have been the victims of, physical assaults while at school.

He pointed out, “Gilroy school officials are fully cognizant of the issues around bullying and assault.”

According to the California Healthy Kids Survey, 37% of Gilroy’s 7th graders have been bullied, 16% have been involved in a physical altercation, and almost 30% reported being pushed, shoved, slapped, hit, or kicked at least once. The survey also reveals that 7th graders in Gilroy are the most likely to report harassment, victimization, participation in physical fights, and witnessing a weapon on campus. “This lawsuit aims to tackle the issue to provide students with a secure learning atmosphere,” Boskovich declared.

Source: https://www.nbcbayarea.com/news/local/gilroy-family-sues-school-district-attack-on-campus/3277672/

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